Housing law news and comment
The Government Equalities Office has announced that the Public Sector Equality Duty will be in force from 6 April 2011.
The Equalities Office page has links to the following documents:
More on this when we’ve had a chance to digest it.… Read the full post
Eastland Homes Partnership Limited v Sandra Whyte 2010 EWHC 695 (QB)
Following Weaver v L&Q and McIntyre v Gentoo, here is a clear indication of the brave new world of public law in which RSLs (sorry, PRHPs) find themselves. It is also an interesting and useful example of a public law defence (gateway b) in action and raises the issue of ‘starter tenancies’ as deployed by PRHPs.
Ms Whyte had a starter tenancy from Eastland Homes. This is an assured shorthold tenancy for six months, after which , typically and according to the agreement in this case, it will either be extended for a further six months or the … Read the full post
It’s a bit like one of those nights that just, you know, didn’t work out. You remember, it was all very slow, not really gratifying and, in the end, disappointingly inconclusive.
The Government has released its response [link to PDF] to the Parliamentary Joint Committee on Human Rights report of 2007. Yes, 2007. The report that was released prior to the Lords judgment in YL v Birmingham City Council and the changed law in respect of care homes providing Local Authority contracted services in Health and Social Care Act 2008.
So, the Government notes the concerns that the Courts’ approach to what constitutes a public function for the purposes of … Read the full post
According to Inside Housing, not only is L&Q to seek permission to appeal the Court of Appeal decision to the Lords/Supreme Court (and no surprise there) but the G15 group of the largest RSLs in London are potentially backing them, including funding. To quote Inside Housing:
Steve Howlett, chief executive of Peabody Trust and chair of the G15, said: ‘The G15 will consider how we can support L&Q if it chooses to appeal.’
When asked if this meant contributing to a possible ‘appeal fund’, Mr Howlett replied: ‘Yes – that is something that has previously been discussed.’
Given the ludicrous position that the LSC adopted on funding the Court … Read the full post
Well, well, well. Or perhaps well, well, oh heck. The Court of Appeal has handed down its judgment in R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587 and, by a majority, L&Q have lost.
It will be remembered that Mrs Weaver was a tenant of L&Q. L&Q sought to evict her, relying on Ground 8. She resisted this, claiming that she had a legitimate expectation that they would use Grounds 10 or 11 first and that the eviction engaged Article 8 of the European Convention of Human Rights. The High Court rejected any suggestion of a legitimate expectation. Because of the way that it was advanced … Read the full post
R(Weaver) v London & Quadrant [2009] EWCA Civ 587 is out (link to doc of the judgment thanks to Garden Court)
This was the Court of Appeal hearing of L&Q’s appeal of the High Court finding that it was a public authority in its housing function, subject to judicial review and the HRA.
Result – L&Q lost. They are indeed a public authority in their housing function.
But there is a lot in the detail – our full report to come.
So… House of Lords anyone?
[Edit. OK, one the one hand, the NL team are fighting over who gets to write up the detailed post, and on the other, … Read the full post
While we wait for the Court of Appeal judgment in Weaver v London & Quadrant – the case was heard in the last week of February, I believe – we have a judgment along the way, specifically on Weaver’s application for a protected costs order (PCO). It is tempting to see this as something of a parable or synecdoche of the practical frustrations of bringing housing cases, and perhaps of the approach of certain large RSLs.
So, Weaver v London Quadrant Housing Trust [2009] EWCA Civ 235.
As all will recall, L&Q were declared to be a public body for the purposes of the Human Rights Act (and also … Read the full post
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